A/HRC/30/53 C. Convention on Biological Diversity and Nagoya Protocol 20. The 1992 Convention on Biological Diversity promotes protection of the natural and cultural heritage of indigenous peoples through the conservation of biological diversity and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources (arts. 1 and 19). It requires States to “respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity … and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices” (art. 8 (j)). The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (2010) is particularly relevant as it requires States to uphold the established rights and customary laws of indigenous peoples and ensure their participation in the implementation of the Protocol (arts. 5 and 12). The Protocol protects access to indigenous cultural heritage by requiring States to take measures to obtain the prior informed consent and involvement of indigenous communities for access to relevant genetic resources (art. 6) and traditional knowledge (art. 7). 21. The Food and Agricultural Organization of the United Nations International Treaty on Plant Genetic Resources for Food and Agriculture, recognizing the enormous contribution of indigenous communities to food production worldwide, requires the Contracting parties to take measures to protect traditional knowledge relevant to plant genetic resources for food and agriculture (art. 9) and promote wild crops and plants by supporting the efforts of indigenous communities (art. 5). D. World Intellectual Property Organization 22. The World Intellectual Property Organization (WIPO) has three conventions that are particularly relevant to the cultural heritage of indigenous peoples. The Berne Convention for the Protection of Literary and Artistic Works (1886) provides a mechanism to ensure international protection of anonymous, pseudonymous and unpublished works, including traditional cultural expressions (art. 15); the WIPO Performances and Phonograms Treaty (1996) provides for international protection for performances and phonographic recordings of expressions of folklore (arts. 2 and 33); and the Beijing Treaty on Audiovisual Performances (2012), which, upon entry into force, will provide protection to performers of expressions of folklore with regard to authorizing their performances in audiovisual media. 23. In 2000, WIPO members established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore to serve as a forum to discuss intellectual property issues arising in the context of access to genetic resources and benefit-sharing, and protection of traditional knowledge and traditional cultural expressions. In 2009, the Committee initiated formal text-based negotiations with the objective of reaching agreement on texts of international legal instruments to ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions. 24. Although a multitude of legal regimes exist to protect cultural heritage, there is a lack of adequate integration of protections for indigenous peoples. Such complex and parallel systems of protection of cultural heritage leads to fragmentation within a multitude of legal frameworks, which ultimately do not adequately protect the cultural heritage of indigenous peoples. The systems fail to recognize that, for indigenous peoples, cultural heritage is holistic and encompasses their spiritual, economic and social connections to their lands and territories. 7

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